17 Feb 2023
T & L Park Sdn. Bhd. 1. ) NG KEE WEI 2. ) TETUAN TEE BEE KIM & PARTNERS 3. ) TETUAN MAZWAN PATHMA & CO 4. ) NG KIM CHUAN 5. ) PENDAFTAR HAKMILIK WILAYAH PERSEKUTUAN, KUALA LUMPUR
- Citation
- WA-21NCvC-44-05/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCvC-44-05/2018 (Mahkamah Tinggi)
On the balance of probabilities the court found Defendant 2 (Tee Bee Kim & Partners) breached its duty as purchaser's conveyancing solicitors by failing to conduct timely searches, failing to lodge and follow up a caveat promptly and failing to notify the vendor's solicitors; Defendant 3 (Mazwan Pathma & Co) breached its stakeholder and conveyancing duties by releasing RM3.12683 million despite searches evidencing caveats; accordingly plaintiff's claims against Defendants 2 and 3 succeed while claims against Defendant 1, Defendant 4 and Defendant 5 fail (with Defendant 4's counterclaims for d…